МИНИСТЕРСТВО ОБРАЗОВАНИЯ И НАУКИ РОССИЙСКОЙ ФЕДЕРАЦИИ
Нижегородский государственный университет им. Н.И. Лобачевского
СБОРНИК ТЕКСТОВ ДЛЯ ЧТЕНИЯ И ЗАДАНИЙ
ПО ЮРИДИЧЕСКОМУ АНГЛИЙСКОМУ ЯЗЫКУ
ПРАКТИКУМ
Рекомендован к печати методической комиссией
Института филологии и журналистики для бакалавров ННГУ по направлению
подготовки 40.06.01 "Юриспруденция"
Нижний Новгород
2018
2
УДК 811.111: 340(076.5)
ББК Ш143.21:Х0я73-5
С23
Сборник текстов для чтения и заданий по юридическому английскому
языку: практикум / сост.: С.Б. Жулидов, С.С. Иванов – Н. Новгород, Изд-во
ННГУ, 2018 – 41 с.
Рецензент: канд. филол. наук, доцент Макарова Л.С.
Настоящий практикум предназначен для бакалавров ННГУ по
направлению подготовки 40.06.01 "Юриспруденция". Пособие опирается на
коммуникативный подход и направлено на совершенствование навыков
говорения и формирование словарного запаса по специализации. В практикум
включены грамматические темы, грамматические и лексико-грамматические
упражнения для работы в аудитории и для самостоятельной работы.
Ответственный за выпуск:
заместитель директора по методической работе
Института филологии и журналистики ННГУ,
канд. филол. наук, доцент И.В. Кузьмин
УДК 811.111: 340(076.5)
ББК Ш143.21:Х0я73-5
3
CONTENTS
UNIT I. WHAT IS LAW?
The need for law……………………………………………………….. 4
Extra reading I: The first laws…………………………………………. 8
Extra reading II: Draconian laws (draconic code)……………………... 9
UNIT II. CRIME
Why do we Commit Crimes?.................................................................. 11
Extra reading: Incidents………………………………………………... 18
UNIT III. PUNISHMENT
Types and Purposes of Punishment……………………………………. 20
Extra reading: Making the Punishment Fit the Crime…………………. 25
UNIT IV. THE LEGAL PROFESSION
Part 1. Two kinds of Lawyers in Britain………………………………. 28
Part 2. Other Legal Professions in Britain... ………………………… 31
Part 3. Legal Professions in the USA…………………………………... 34
Extra reading: Compensation…………………………………………... 37
REFERENCES…………………………………………………………. 40
4
UNIT I. WHAT IS LAW?
1. How do you understand the difference between the following terms? Read
and check:
A law and a rule
Criminal law and civil law
Law and morality
THE NEED FOR LAW
Law is a system of rules that a society or government develops in order to deal
with crime, business agreements and social relationships. It is also a set of rules for
good behaviour which is considered right and important by the majority of people as
well as supported by the power of the government for moral, religious and emotional
reasons.
The main function of law is a regulative one. Law basically serves two
functions in a modern society. First, it serves to order and regulate the relations
between all “persons”: individuals, businesses or governments. Secondly, law acts as
a standard of conduct and morality. Through both of these functions law forms and
regulates the pattern of behaviour of a given society in order to achieve a broad range
of social objectives. A modern society cannot exist without law as there would be
anarchy in this society then.
Law is “invisible” for ordinary people and is noticed only when somebody
violates its order. If our neighbours play loud music late at night we will probably try
to settle the matter in a reasonable and informal way without going to the police.
Only when an informal discussion breaks down we will start thinking about law.
Relations and transactions in modern societies are so complex that often we
cannot deal with them without seeking legal advice. We use it when we buy or sell
property, settle disputes with our employers, demand a refund for a defective product,
try to hold somebody liable for damaging or stealing our possessions. Thus there are
different types of law: civil law, criminal law, law of contracts, law of property,
labour law, etc.
Life of a modern society is changing very fast and every day new phenomena
appear. Therefore, there is always a demand for new laws to regulate new spheres of
life. For example, two hundred years ago there were no cars, so people didn’t need
any laws for roads and traffic. With the invention of the car there appeared a need for
driving regulations and we cannot imagine our life without these rules. The same
happened with the advent of the computer. When the first computer crime took place,
no one could be punished for it as there was no law for it; only after this case the need
for law on computer crime and later on cybercrime appeared and they started to be
developed.
5
Every country tries to provide laws which will help its citizens to live safely
and as comfortably as possible but no country has been successful in producing such
laws which are completely satisfactory. But as you can see life in a civilized society,
not in anarchy, is impossible without law, so it is much better to live with the
imperfect laws which we have than if we had none at all.
VOCABULARY FOCUS
2. Match the words or phrases on the left with their equivalents on the right:
1. society a. общество
2. government b. нарушать
3. regulative c. юридическая консультация
4. anarchy d. правительство
5. violate e. сделка
6. transaction f. регулятивный
7. legal advice g. изобретение
8. property h. анархия
9. invention i. собственность
10. labour law j. трудовое законодательство
3. Match each word on the left with the correct definition on the right:
1. liable a. the people living in a region as an organized group
2.objective b. is what you are trying to achieve
3. crime c. an argument between people
4. society d. legally responsible
5. dispute e. an illegal action punished by law
4. Use the correct form of these words to complete the second column of the
chart. Use a good dictionary to help you:
Noun Adjective
1. crime 1. …
2. society 2. …
3. … 3. powerful
4. individual 4. …
5. … 5. moral
6. modernity 6. …
7. informality 7. …
8. … 8. liable
9. regulation 9. …
10. … 10. successful
6
5. Use one of the adjectives or nouns above to complete the sentences:
1. She always wants to be the best. She is always looking for …
2. He regularly breaks norms and rules and sometimes acts violently. His
behaviour can be considered anti-… .
3. He likes people to feel comfortable and relaxed during a meeting. An …
atmosphere is very important to him.
4. In modern legislation there are many different methods of punishment for …
acts.
5. He has always wanted to get high positions in the government – he has
always wanted more and more …
6. Match the antonyms:
1. legal a. unimportant
2. social b. impossible
3. perfect c. law and order
4. possible d. uncivilized
5. modern e. asocial
6. moral f. imperfect
7. right g. wrong
8. important h. traditional
9. anarchy i. illegal
10. civilized j. immoral
7. Check that you know the meanings of the adjectives below:
lawful, reliable, economical, popular, practical,
successful, attractive, realistic, balanced, usual
8. Antonyms are sometimes formed by prefixes -un, -im, -in. Write adjectives
with the opposite meaning from the exercise above:
-un -im -in
7
Lexical and grammar work
9. Find in the text “The need for law” examples of the construction “in order
to” and translate them.
Lexical and grammar note
Мы используем конструкцию“in order to” для выражения цели:
In order to do smth. – тот, кто совершает действие, делает это для
собственного блага.
Legislators make new laws in order to build a civilized society.
In order for smb. to do smth. - тот, кто совершает действие, делает это для
чьего-либо блага.
Legislators make new laws in order for the society to live safely and comfortably.
Конструкция in order to используется в формальном стиле. В
разговорном английском in order обычно опускается. Например: I went to
Hungary (in order) to study law.
10. Translate the phrases, paying attention to the construction “in order to”:
a) in order to make new laws, in order to build a civilized society, in order not
to be punished, in order to avoid anarchy, in order to support the government, in order
to clinch a business deal, in order to function, in order to regulate the relations, in
order to provide laws, in order not to violate the law;
b) in order for the government to make new laws, in order for the law to
function, in order for us to live in a civilized society, in order for a modern society to
exist, in order for ordinary people to live safely, in order for new laws to regulate new
spheres of life, in order for neighbours to settle the matter;
c) чтобы жить в современном обществе, чтобы иметь высокие моральные
устои, чтобы закон достиг своей цели, чтобы рабочие получили юридическую
консультацию, чтобы привлечь его к ответственности, чтобы преступления не
происходили, чтобы пойти в полицию, чтобы он пошёл в полицию, чтобы
служить современному обществу, чтобы законы служили современному
обществу, чтобы соседи не включали громкую музыку ночью, чтобы
урегулировать разногласия, чтобы им урегулировать разногласия, чтобы
наказать преступников, чтобы получить денежную компенсацию за
бракованный товар.
COMPREHENSION
11. Answer the questions on the texts:
1. What is law?
2. What is the main function of law? How is it put into practice?
8
3. Why cannot a society exist without law?
4. In what situations do we usually need to seek legal advice?
5. What types of law do you know?
6. Why do new laws appear?
7. Why does every country try to provide laws?
DISCUSSION
12. Comment on the following statements. Give reasons for your answer:
There are good laws and bad laws.
Should we obey the law which we disagree with or which we consider to be
stupid and unnecessary?
Are there any laws you would like to change or abolish?
Are there any new laws you would like to introduce?
Everybody must be equal before the law, regardless of their wealth, social
status or position.
Vocabulary notes:
obey – подчиняться
abolish – отменить
regardless of – невзирая на
EXTRA READING I
1. Read the text and translate the words and phrases in bold:
THE FIRST LAWS
Rules and laws have been a part of human life ever since people started living
in large settled communities. One of the most detailed ancient legal codes was drawn
up in about 1758 B.C. by Hammurabi, a king of Babylonia. The code was carved
into a great stone pillar so that it could be read by every citizen. The pillar is now in
the Louvre museum in Paris.
The laws were about most spheres of life and punishments under the code were
often harsh. The principle of revenge was observed: an eye for an eye and a tooth for
a tooth. Not only murderers but also thieves and false accusers faced the death
penalty. Hammurabi's laws outlawed private blood feuds and represented an
advance on earlier tribal customs, because the penalty could not be harder than the
crime.
The ancient Greeks were among the first to develop a concept of law that
separated everyday law from religious beliefs - they believed that laws were made by
the people and for the people. In the seventh century B.C., Draco drew up Greece's
9
first written code of laws. Under Draco's code death was the punishment for most
offenses. Thus, the term draconian usually applies to extremely hard punishments.
Several decades passed before Solon — poet, military hero, and Athens'
statesman — devised a new code of laws. Trial by jury, an ancient Greek tradition
was retained, but enslaving debtors was prohibited. Most of the harsh punishments of
Draco's code (except that on homicide) were prohibited or changed to make them
more humane.
Roman Law is one of the greatest systems that have ever existed. It was based
upon custom. Greeks and Romans believed in “natural law” – certain basic principles
that are above the laws of a nation and arise from the nature of people. Roman Law
and Greek Law had a strong influence on the law of most European countries and on
Anglo-Saxon law.
2. Answer the questions:
1. What were the first two known ancient law systems?
2. What principle were they based on? How do you understand this principle?
3. Why do you think Hammurabi decide to carve his laws into a pillar?
4. What is the origin and the meaning of the word “draconian”?
5. Why were Hammurabi's laws an advance on ancient tribal traditions?
6. What was the Greek concept of law?
7. What was Solon’s Contribution to ancient law?
EXTRA READING II
3. Read the text paying attention to the pronunciation section below:
DRACONIAN LAWS (DRACONIC CODE)
ДРАКОНОВЫ ЗАКОНЫ (ДРАКОНОВСКИЕ МЕРЫ)
Draconian laws are extremely harsh and cruel laws. They are called after
Draco, an Athenian law-giver of the 7th
century B. C.
Draco devised a code of laws, which were so severe that, as a Greek orator
said, they were written in human blood. Every violation of a law was made a capital
offense in this code. Idleness, as well as murder, was punished with death, and when
Draco was asked to give his reason for this, he replied that even the smallest crimes
deserved death, and there could be no higher punishment for the greater ones.
Pronunciation and stress: Draco ['dreikǝu], Draconian [drei'kǝunjǝn],
Athenian [ǝ'θi:njǝn], dragon ['drægǝn].
4. Do the following two-way translation:
Скажите, что такое Драконовы законы? Они имеют какое-нибудь
отношение к сказочному чудовищу?
10
Oh, no. The Draconian laws are called after Draco. The mythical dragon has
nothing to do with them, as far as I know.
Видимо, Дракон был законодателем. И давно он жил?
He lived in the 7th century B. C.
Ну, конечно, опять древняя история, мое уязвимое место. Наверное,
Ассирия или Вавилония?
No, Draco was an Athenian law-giver. He lived in Athens, one of the
foremost cities of Greece.
И чем же особенным отличались его законы? Почему он так
прославился?
It was notoriety that he earned, not fame. His laws were extremely harsh and
cruel. He made every crime a capital offense. The laws set terrible penalties even for
minor offenses and the smallest crimes.
11
UNIT II. CRIME
1. Introduction. Analyze the dictionary definitions of "crime", underline the
differences and circle the similarities. Give your own definition of "crime":
"Crime – an offence for which one may be punished by law". (Oxford
Advanced Learner's dictionary)
"Crime – an offence which is punishable by law". (Longman Dictionary of
Contemporary English)
"Crime – an action which is against the law, or, more generally, (an example
of) bad or unacceptable behaviour". (Cambridge International Dictionary of English)
2. Read the text and match the headings with the sections of the text below:
Psychological and psychiatric theories
Genetic and biological theories
Social environment theories
Theological and ethical theories
Multiple causation theory
The theory of choice
WHY DO WE COMMIT CRIMES?
All adults at some time or another commit a crime, sometimes by accident, but
why do some people intentionally commit crimes? Here are some theories that try to
explain the causes of criminal behaviour:
1. No one knows why crime occurs. The oldest theory, based on theology and
ethics, is that criminals are perverse persons who deliberately commit crimes or who
do so at the instigation of the devil or other evil spirits. Although this idea has been
discarded by modern criminologists, it persists among uninformed people.
2. The idea that some people commit crimes because of biological factors has a
long tradition. This theory suggests that criminals are born, not made. It was
developed in the 19th century by the Italian criminologist Cesare Lombroso, who
believed that crimes were committed by persons who are born with certain
recognizable hereditary physical traits. Among the things he considered important
were skull and ears shapes, colour of the hair and the eyes, etc. Although experts
today no longer believe this, they argue that human behaviour can be linked to an
individual's genes. Studies of adopted children who show criminal behaviour suggest
that their behaviour is more similar to their biological parents' behaviour than their
adoptive parents', showing a genetic link.
3. Many prominent criminologists of the 19lh
century stated that a person's
surroundings such as poverty, lack of privacy and poor sanitation influence their
behaviour. These conditions engender feelings of deprivation and hopelessness and
are conducive to crime as a means of escape. More modern scientists point out that
12
just as children learn good behaviour from their parents, so children can learn bad
behaviour from their families and friends. It is a vicious circle, as one expert states:
“Problem children tend to grow up into problem adults, and problem adults tend to
produce more problem children.”
4. Studies of the 20lh
century investigators indicated that about one-fourth of a
typical convict population is psychotic, neurotic, or emotionally unstable and another
one-fourth is mentally deficient. These emotional and mental conditions do not
automatically make people criminals, but make them more prone to criminality.
Recent studies of criminals state that emotional disturbances may lead to criminal
behavior.
5. The central idea of this theory is that crime is a career decision, an
alternative way of making a living. The theory argues that most criminals are rational
people, who know what they want and the different ways of getting it. They are able
to balance the risks of committing a crime, such as going to prison, against its
benefits, i.e. what they gain if they aren't caught. The conclusion is: if there are more
benefits than risks, - do it; but if there are more risks than benefits, - don't do it.
6. Since the mid-20th
century experts have inclined to the so-called multiple
causation theory. They reason that crime springs from a multiplicity of influences —
biological, psychological, cultural, economic and political. The multiple causation
explanations seem more credible than the earlier, simpler theories. An understanding
of the causes of crime is still elusive, however, because the interrelationship of causes
is difficult to determine.
To protect its citizens laws are made to regulate human behaviour and the State
provides crime prevention policies, remedies and sanctions if the laws are broken.
However, research is continuing into people's motivation for committing crimes,
because understanding this may help us apply the correct punishments for crime.
With more knowledge, it will be easier to prevent crime and to help criminals to lead
a more useful life.
VOCABULARY FOCUS
3. Match the synonyms:
1. link a. intentionally
2. deliberately b. to go on
3. to occur c. to cause
4. prominent d. to happen
5. to lead to e. important, noticeable
6. to argue f. conduct
7. to continue g. connection
8. behaviour h. to state
13
4. Match the antonyms:
1. adult a. minor
2. by accident b. stable
3. the oldest c. wealth
4. uninformed d. irrational
5. similar to e. on purpose
6. poverty f. the latest
7. unstable g. different from
8. rational h. literate
5. Use the appropriate form of the antonyms above in the following
sentences:
1. You can’t go to the pub with me because you are only fifteen and … are not
allowed to enter such places.
2. In old times … people used to believe that the Earth was flat.
3. Many criminals usually don’t look very … ordinary people.
4. The judge was sure that the arsonist set his neighbour’s house on fire …: it
was clearly an act of revenge.
5. I wouldn’t send John to the terrorists as a negotiator: he is too nervous and
emotionally …
6. Match the following Russian words and expressions to the English
equivalents:
1. совершать преступления a. mentally deficient
2. намеренно b. gain
3. узнаваемые наследуемые черты c. recognizable hereditary physical traits
4. недостаток личного пространства d. interrelationship
5. порочный круг e. emotionally unstable
6. эмоционально нестабильный f. vicious circle
7. бедность g. commit crimes
8. преимущество, выгода h. intentionally
9. взаимоотношения i. to be prone to
10. извлечь выгоду, нажить j. benefit
11. умственно неполноценный k. poverty
12. быть склонным к l. lack of privacy
14
7. Match each word on the left with the appropriate definition on the right:
1. an arsonist
2. a shop-lifter
3. a mugger
4. an offender
5. a vandal
6. a burglar
7. a murderer
8. a kidnapper
9. a pickpocket
10. an accomplice
11. a drug dealer
12. a spy
13. a terrorist
14. an assassin
15. a hooligan
16. a stowaway
17. a thief
18. a hijacker
19. a forger
20. a robber
21. a smuggler
22. a traitor
23. a gangster
24. a deserter
25. a bigamist
26. a drug smuggler
a. attacks and robs people, often in the street
b. sets fire to property illegally
c. is anyone who breaks the law
d. breaks into houses or other buildings to steal
e. steals from shops while acting as an ordinary customer
f. kills someone
g. deliberately causes damage to property
h. steals things from people's pockets in crowded places
i. gets secret information from another country
j. buys and sells drugs illegally
k. takes away people by force and demands money for
their return
l. helps a criminal in a criminal act
m. uses violence for political reasons
n. causes damage or disturbance in public places
o. hides on a ship or plane to get a free journey
p. takes control of a plane by force and makes the pilot
change course
q. murders for political reasons or a reward
r. is someone who steals
s. makes counterfeit (false) money or signatures
t. is a member of a criminal group
u. steals money, etc. by force from people or places
v. marries illegally, being married already
w. is a soldier who runs away from the army
x. brings goods into a country illegally without paying tax
y. illegally carries drugs into another country
z. betrays his or her country to another state
8. Continue the table with the words from Task 4 where possible. The first
few are done for you. Consult a dictionary when necessary:
Crime Criminal Criminal Act
treason traitor to betray
theft thief to steal
murder murderer to murder
15
9. Provide the appropriate names of crimes or criminals for the following
situations:
1. It was typically an … . The police found some stranger’s footmarks at the
back of the burnt house and an empty canister of petrol nearby.
2. When walking down the street at night he was hit by some heavy object and
robbed. It was so dark that he couldn’t see the face of the …
3. The woman suffered from kleptomania and was several times caught with …
in the city shops.
4. The … entered the bank, pointed their guns at the teller and demanded
money.
5. Although sturgeon roe is illegal for selling on the territory of the country,
several tons … every year from the nearby territories.
6. The robber couldn’t commit the crime alone – he definitely needed an …
7. He has always hated the army - so after serving only for one week, he
escaped but was caught the next day and charged as a …
8. After studying the documents, Helena realized that John had married her
being already married. He was a …!
9. After the criminals demanded ransom for the girl and fixed the time and
place of the meeting, the police came and arrested the …
10. For several months the … paid for everything using banknotes which they
printed on special paper on a high-quality colour printer. And no cashier suspected
anything strange.
VOCABULARY AND GRAMMAR FOCUS
Passive Voice (Страдательный залог)
Grammar note 1
Страдательный залог используется, когда логически понятно, неизвестно
или неважно, кто совершает действие. Страдательный залог образуется при
помощи глагола to be + 3я форма глагола.
Many cases are heard in court every month.
Если мы хотим указать, кто совершает действие, мы используем by
The criminal was arrested by Constable Johnson.
10. Choose the correct alternative – active or passive voice:
1. They attacked/were attacked and robbed/were robbed by some muggers at
night.
2. Some burglars were broken into/broke into the house last weekend. As a
result a lot of devices, money and jewelry were stolen/stole.
3. These cases will deal with/will be dealt with by the Court of Appeal.
16
4. Criminal law was violated/violated.
5. He sentenced/was sentenced to life in prison.
6. While I was on holiday my wallet stole/was stolen from my hotel room.
7. While I was on holiday my wallet was disappeared/disappeared from my
hotel room.
8. The judge didn’t give/wasn’t given her a real prison sentence, saying that it
would be better for her to be at home with her little children.
Grammar note 2
Предложения трансформируются из активного в страдательный залог
по формуле: дополнение предложения активного залога занимает место
подлежащего в предложении страдательного залога; сказуемое меняется из
активного в страдательную форму с сохранением оригинального времени
11. Change the following sentences from active into passive. Don’t mention
the doer of the action:
1. The judge will give him a fair trial.
2. Police arrested 130 rioters last Friday.
3. Criminals and negligent people set hundreds of hectares of forests on fire
every summer.
4. Terrorists killed many civilians on the occupied territory.
5. Judges often send convicted people to prison after the trial.
6. The judge secretly transferred the hearing to another state so that the
criminal’s supporters couldn’t interfere with the trial.
7. The committee will investigate this case in the shortest time possible.
8. The prosecutor, the judge and the advocate usually ask witnesses a lot of
questions during the trial.
COMPREHENSION
12. Look at this list of "crimes". Try and rate each crime on a scale from 1 to
10 (1 is a minor misdemeanour, 10 is a very serious crime). They are in no order:
- speeding
- common assault (e.g. a fight in a disco-club)
- drinking and driving
- malicious wounding (e.g. stabbing someone in a fight)
17
- murdering a policeman during a robbery
- murdering a child
- causing death by dangerous driving
- smoking marijuana
- selling drugs (such as heroin)
- stealing £ 1,000 from a bank, by fraud
- stealing £1,000 worth of goods from someone's home
- rape
- grievous bodily harm (almost killing someone)
- shop-lifting
- stealing £1,000 from a bank, by threatening someone with a gun
- possession of a gun without a license
- homicide
13. Answer the following questions:
1. What concepts formed the basis of the earliest criminological theories?
2. How did the biological theories develop?
4. What views on crime predominated in the 19lh century? What factors were
considered the most probable causes of criminal behaviour?
5. How did criminological theories develop in the 20lh century?
6. What is the relationship between the mental and emotional state of a person
and his or her inclinations to crime?
7. What are the latest views on the causes of crime?
8. What theory, do you think, best explains the causes of crime?
DISCUSSION
14. Comment on the following statements. Give reasons for you answer:
1. Criminals are born, not made.
2. Most criminals are perverted people.
3. Crime doesn’t pay.
4. Petty crimes lead to serious crimes.
5. Once a criminal – always a criminal.
6. Violence in films and television programmes is a major cause of crime.
18
EXTRA READING
1. Complete the following true stories with the correct active or passive form
of the verb in brackets. (Pay attention to the tense of the verb.)
INCIDENTS
a) Seventy-five prisoners in northern Mexico (1) … (spend) over six months
digging a tunnel in an attempt to escape from Saltillo prison. Unfortunately for them,
however, their tunnel (2) … (come) up in the nearby courtroom, where they (3) …
(sentence). All seventy-five prisoners (4) … (return) to prison immediately by the
surprised judge.
b) Mrs. Redwood, from Port Headland in Australia, (5) … (attack) by a burglar
while she (6) … (talk) on the phone to her brother in Leeds, England. Her brother (7)
… (hear) strange noises, and (8) … (phone) his local police station in Leeds. The Port
Headland police (9) … (contact) immediately, and an officer (10) … (send) to Mrs.
Redwood's house. The woman (11) … (rescue) just eighteen minutes after the attack
(12) … (happen).
c) A towel (13) … (steal) from a 'Holiday Inn' hotel in the USA, every twelve
seconds – a total of 2.7 million towels a year!
2. Read and give a summary of the following newspaper articles (some
vocabulary notes are provided below for you). Comment on the cases.
Text 1
OFF-DUTY COP SHOOTS, INJURES MAN
A five-year veteran of the Chicago Police Department was justified in shooting
a man who pulled a replica handgun on him after the off-duty officer confronted the
man about tampering with a car, police said.
The 19-year-old man, whom police did not identify, was shot about 3:30 a.m.
Sunday and was being treated in Advocate Christ Medical Center in Oak Lawn after
he was admitted in serious condition.
A consultation among police commanders about the circumstances of the
shooting Sunday found the officer's actions were in compliance with state law and
police procedure, police spokesman Sgt. Robert Cargie said.
The off-duty officer's girlfriend woke him up to tell him a man was outside in
the 7700 block of South Keating Avenue, tampering with a car, police spokesman
Hector Alfaro said.
After grabbing his gun and identification, the officer went out to find the man,
police said.
The officer approached the man and identified himself as a police officer,
When the-man walked away, the officer ordered him to stop and again told him
he was an officer.
19
At that point, the man said, "I'm a police officer too," Alfaro said.
When the officer told the man to show his identification, the man pulled out a
gun replica, Alfaro said, adding that the off-duty police officer, thinking the replica
was real, fired at least one shot at the man.
Copyright © Chicago Tribune
Vocabulary notes:
veteran – сотрудник, работающий долгое время
pull – вытащить
off-duty – не на службе, не при исполнении служебных обязанностей
tamper – возиться
shoot – shot – shot (=fire) - стрелять
circumstances – обстоятельства
in compliance with – в соответствии с
grab (=take) – брать
identification – удостоверение
approach – приблизиться, подойти
Text 2
BRITISH COURT JAILS MAN FOR BOMB JOKE
LONDON – A businessman who joked that he had a bomb aboard a plane and
sparked an expensive security alert was jailed for two months on Tuesday.
Police, a negotiation team and other emergency services were called after Peter
Aldred, 41, of Hitchin, north of London, told a stewardess on a low-cost easyJet
flight waiting to take off from Scotland's Inverness Airport on Dec. 12 that he had a
bomb in his carrier bag.
All 124 passengers on the flight bound for London's Luton Airport were
evacuated. A search of Aldred's bag found two toys and some candy.
The flight finally left for Luton three hours late.
Judge Alastair MacFadyen ordered the sentence, telling Aldred that the two-
month term was the only response to his "irresponsible and reckless conduct."
Prosecutors said the incident had cost easyJet $45,000 because some
passengers missed connecting flights and the airline had to pay to accommodate them
in London overnight. By Associated Press. Copyright © Chicago Tribune
Vocabulary notes:
security alert – аварийный вызов служб безопасности
emergency services – аварийно-спасательные службы
term – тюремный срок
connecting flights – пересадочные рейсы
20
UNIT III. PUNISHMENT
1. Can you answer these questions?
What is punishment?
Why punish?
What kinds of punishments do you know?
2. Read the text to check your answers. Translate the words and phrases in
bold. Make a list of reasons for punishment.
TYPES AND PURPOSES OF PUNISHMENT
Punishment describes the imposition (by some authority) of a deprivation on a
person who has violated a law, a rule, or another norm. When the violation is of the
criminal law there is a formal process of accusation and proof followed by
imposition of a sentence by an official, usually a judge. Informally, any organized
group – most typically the family, may punish the wrongdoers. Because punishment
is both painful and guilt-producing, its application calls for a justification. In
Western culture, four basic justifications have been given: retribution, deterrence,
rehabilitation, and incapacitation.
Deterrence means preventing someone from committing a crime, by making
the punishment severe enough that the benefit gained from the offence is outweighed
by the cost (and probability) of the punishment. Some punishments include work to
reform and rehabilitate the wrongdoer so that they will not commit the offense
again. The goal here is to change the offender's attitude to what they have done, and
make them come to accept that their behaviour was wrong.
Incapacitation means physically preventing offenders from committing crimes
outside prison, i.e. protecting the community.
For some petty crimes, punishment in the form of fines and compensation
payments may be considered a sort of "restitution". In more serious cases retribution
sets an important standard on punishment – the criminal must get what he deserves,
but no more. Therefore, a thief put to death is not retribution; a murder put to death is.
Here the concept is the mirror punishment ("an eye for an eye"), which reflects the
nature or means of the crime in the means of (mainly corporal) punishment.
Most penal historians note that sentences in Western countries have become
much softer. Capital and corporal punishments, widespread in the
early 19th century, are seldom used in modern society.
Furthermore, since the mid-1970s, punitive actions see retribution and
incapacitation as the goals of criminal punishment. Criminal sentences ordinarily
include four basic types of punishment. In descending order of severity these are:
21
incarceration, community supervision, fine, and restitution. The death penalty is
now possible only for certain types of murders and treason.
VOCABULARY FOCUS
3. Explain the following terms and make up your own sentences with them:
deterrence
incapacitation
retribution
incarceration
fine
death penalty
accusation
Vocabulary booster
There is a difference in English terms of the Russian equivalent «обвинять».
In the ascending order of gravity they are the following:
Accuse (v), Accusation (n) – if you accuse someone of doing smth. wrong
or dishonest you tell them that you believe that they did it.
Charge (v/n) – if you charge someone with doing smth. wrong or dishonest
you formally say that they have done it. Charges are usually brought by someone in
the position of legal authority.
Convict (v), Conviction (n), Convict (person) – if someone is convicted of
a crime, they are found guilty of that crime in a law court.
There are two more words which are often found in the context of the above
ones:
Try (v), Trial (n) – when a person is tried for doing smth. wrong, he or she
has to appear in a law court and is found innocent or guilty.
Acquit (v), Acquittal (n) – if someone is acquitted of a crime in a law court,
they are formally declared not to have committed the crime.
Note! The terms above are normally followed by the
fixed prepositions:
accuse smb of
charge smb with
convict smb of
try smb for
acquit smb of
22
4. Choose the correct variant and provide the necessary prepositions:
1. He was (accused/charged) … a serious crime, but (convicted/acquitted) in a
law court.
2. They were (acquitted/convicted/accused) … murder and sent to prison.
3. Tomorrow he will be (tried/accused) … his crimes in Chicago District Court.
4. My neighbour (convicted/charged/accused) me … not locking the front door
for the night.
5. “How dare you (charge/accuse/acquit) me … something I haven’t done?” he
said to his parent.
6. In the 1960s they were (accused/charged) … oath-breaking, convicted and
sworn to secrecy. Only after the collapse of the USSR they were
(tried/acquitted/convicted) and rehabilitated.
7. The prosecutors (convicted/charged/acquitted) the man … theft and
presented evidence to the judge and jury.
8. The police found that he had prior (convictions/accusations/charges) for
unlawful use of drugs and spent in Texas prison 8 years in total.
9. After the witness’ testimony all the (accusations/charges/convictions) were
dismissed and they were (convicted/charged/acquitted) and released in the court
room.
10. When I was leaving the shop, the security guard
(acquitted/accused/charged) me … stealing some chocolates.
11. He was arrested by the police and (charged/acquitted/accused) … a
criminal offence but released on a $200,000 bail. However, he escaped from the state
and didn’t appear in court on the fixed day of (conviction/accusation/trial).
12. The fact that he had no prior (convictions/charges/trials) was taken into
account by the judge.
Vocabulary notes:
dare – осмелиться
oath-breaking – нарушение присяги
prior – (зд.) прежде, ранее
testimony – показания
release on bail – отпустить под залог
COMPREHENSION
5. Scan the text and choose the only correct answer:
1. The formal process of accusation is followed by
a. violation of law
b. imposition of a sentence
c. trial
23
2. Application of punishment calls for a justification because it is
a. painful producing
b. guilty producing
c. painful and guilt producing
3. …punishment is rarely used by modern society.
a. corporal
b. barbaric
c. humane
4. Criminal sentences embrace ... basic modes of punishment.
a. 4
b. 14
c. 40
5. The death penalty nowadays is possible for … types of crimes.
a. all
b. certain
c. a lot of
6. Complete the following text using these words and phrases. Name the
main purposes of punishment:
wrongdoer; misdeeds; deterrent; retribution; death penalty; corporal
punishment; rehabilitate; reform; barbaric; law-abiding; humane; crime doesn't pay
What is the purpose of punishment? One purpose is obviously to __1__ the
offender, to correct the offender's moral attitudes and antisocial behavior and to
__2__ him or her, which means to assist the offender to return to normal life as a
useful member of the community.
Punishment can also be seen as a __3__ because it warns other people of what
will happen if they are tempted to break the law and prevents them from doing so.
However, the third purpose of punishment lies, perhaps, in society's desire for __4__
which basically means revenge. In other words, don't we feel that a __5__ should
suffer for his __6__?
The form of punishment should also be considered. Some people believe that
we should "make the punishment fit the crime". Those who steal from others should
be deprived of their own property to ensure that criminals are left in no doubt that
__7__. For those who attack others __8__ should be used. Murderers should be
subject to the principle "an eye for an eye and a tooth for a tooth" and automatically
receive the __9__.
On the other hand, it is said that such views are unreasonable, cruel and __10__
and that we should show a more __11__ attitude to punishment and try to understand
why a person commits a crime and how society has failed to enable him to live a
respectable, __12__life.
24
DISCUSSION
7. Here is a list of several types of punishment. Translate them and answer
the questions: Which are normally applied for the list of offences in your country?
Do you know any countries where these offences are punished differently? You are
free to suggest any other punishments which are not on the list.
life in prison, caning/flogging, doing some extra work for free, fine, refund, sack,
prohibition to hold the same or analogous position in future, shooting/hanging,
beating to death by stones, pay cut, short-term imprisonment, mid-term
imprisonment, long-term imprisonment, suspended sentence, community service,
free reparation, property confiscation, suspension of driving license
murder
adultery
speeding
selling defective/expired products
mugging
treason
bribery
avoiding paying fines or alimony
drinking and driving
breaking into smb’s house
abusing smb’s powers
rape
selling commercial secrets to your competitors
illegal parking
ignoring your duties at work
damaging smb’s property (e.g. breaking shop/car windows)
another person’s injury as a result of not looking properly after your pets
setting your neighbour’s house on fire as a revenge for smth.
secretly emptying poisonous production waste into the local river
hi-jacking a plane
deliberately infecting other people with a serious illness
involuntary manslaughter
killing smb in self-defence
battery
selling drugs
25
8. Discuss the following points:
a) Have you ever been punished? How, for what? Do you think the punishment
was just or unjust?
b) Do you think corporal punishment should be applied in today’s world?
c) Do you think the principle “an eye for an eye” is applicable in modern
society?
d) In what cases a person must be punished and in what cases a warning could
be enough?
e) Should different categories of people be punished differently for the same
offence (e.g. ordinary people, politicians, judges and policemen, the military)?
f) Do you think the system of punishment in our country is ok, too hard or too
lenient?
EXTRA READING
1. What do you think would be an appropriate punishment for...?
1. a woman who left some kittens in a forest
2. people caught speeding in a residential area
3. a man who was caught carrying a loaded gun in the street
4. some teenagers who vandalized a school bus
5. noisy neighbours who play rock music very loudly at all hours
2. Read the first four paragraphs of the article. What sentence did Judge
Cicconetti give these people? Why? Do you think his sentences would be more
effective than yours?
MAKING THE PUNISHMENT FIT THE CRIME
Mike Cicconetti, a US judge with a difference…
When Michel Murray was arrested for leaving some kittens in a forest, she
expected to get a fine. Instead she was sentenced to spend the night in the same cold,
dark forest. In the end it was so cold that she only had to spend three hours in the
forest but Judge Mike Cicconetti had made his point. He wanted the woman to feel
the same pain and suffering as the animals she had left, many of which later died.
Judge Cicconetti’s unusual system of creative sentencing made him nationally
famous and this year he won the presidency of the American Judges Association.
Cicconetti allows offenders to choose between prison and an alternative,
“creative” sentence. For example, people accused of speeding are offered to choose
between having their licenses suspended for 90 days or having it suspended for a
shorter period and spend one day working as a school crossing guard. The judge says
that offenders who spend a day helping school children cross the street never appear
in his courtroom for speeding again.
26
The judge also sent a man who was caught with a loaded gun to the morgue to
view dead bodies and ordered teenagers who vandalized school buses to organize a
picnic for primary school children. He has ordered noisy neighbours to spend a day of
silence in the forest or to listen to classical music instead of rock.
Cicconetti says his unusual system has developed as a result of having a hard
childhood. He was the oldest of nine children and had to work part-time collecting
rubbish to pay for his college. He studied law at night school. He says, “It makes you
understand what the working man has to go through, and why some of them commit
crimes. I want to give people a positive lesson, not a negative one.”
A drawer in his office is full of thank-you letters from both victims and
criminals. “Some people will say that my punishments are cruel or unusual,” the
judge said. “Ok, it’s a little bit of embarrassment and humiliation. But when you
make people serve these sentences, you are doing it for them and the victims and the
community. I can remember only two people who have been sentenced to alternative
punishments and who have reoffended.”
Vocabulary notes:
to make a point – попасть в точку, донести основную мысль
a school crossing guard – дежурный, регулирующий движение транспорта
у школ
collect rubbish – собирать мусор
drawer – ящик стола
embarrassment – смущение, неловкое положение
humiliation – унижение
reoffend – совершать правонарушение повторно
3. Read through the questions below. Then read the whole article to find the
information.
1. The judge
2. What was his early life like? How successful has he been professionally?
3. The punishments
4. Which three creative punishments get the offenders to learn from a personal
experience?
5. Which two punishments get them to do something for other people?
6. The reasons behind his system
7. What inspired his system of creative punishments? Why does he think they
are better than traditional punishments?
8. What shows that the punishments are successful?
4. What do you think of his system? Would you like to have a judge like
Cicconetti in your town?
27
SPEAKING
Giving your opinion
When we are giving our opinion about the right way to punish someone,
we often use should + active infinitive or passive infinitive:
I think they should correct smth.
I think they should be made to... I don't think they should be allowed to...
a) In groups, decide on creative punishments for these crimes or offences:
• An arsonist who sets fire to a local beauty spot, for example, a forest.
• A 15-year-old who is caught drinking and smoking.
• Someone who parks illegally causing major traffic delays.
• A group of teenagers who paint graffiti all over walls in a small town.
• A couple whose dogs bark day and night and bother the neighbours.
• A young person who creates a computer virus which infects thousands of
computers.
b) Compare with other groups and decide which you think are the best
solutions.
28
UNIT IV. THE LEGAL PROFESSION
PART 1. TWO KINDS OF LAWYERS IN BRITAIN
1. Read part 1 of the text describing legal professions in Britain, and name
them. Then do the tasks.
SOLICITORS AND BARRISTERS
In most countries there is only one legal profession. England is almost unique
in having two different kinds of lawyers, with separate jobs in the legal system. The
two kinds of lawyers are solicitors and barristers. Solicitors and barristers are
qualified lawyers, but they have a different legal training, they take different
examinations to qualify, and once they qualified they usually do different types of
legal work.
If a person has a legal problem, he will go and see a solicitor. Almost every
town will have at least one. In fact there are at least 50,000 solicitors in Britain, and
the number is increasing.
Solicitors do much of the initial preparation for cases, which they then give to
barristers to argue in court, as well as legal work, which does not come before a
court. They draw up wills, give advice in the field of business, make all the legal
arrangements for buying or selling land, assist employees and employers in cases
involving allegations of unfair dismissal and redundancy payments, handle divorce
and child care. They also deal with litigation, which is settled out of court. Solicitors
have the right of audience in lower courts, such as Magistrates’ courts and in a civil
action they can speak in the County Court, when the case is one of divorce or
recovering some debts.
To qualify as a solicitor, a young man or woman joins a solicitor as a "clerk"
and works for him while studying part time for the "Law Society" exams. Interestingly
enough, it is not necessary for you to go to university. When you have passed all the
necessary exams, you can "practise", which means you can start business on your
own.
Barristers are different from solicitors. Barristers are experts in the
interpretation of the Law. The barrister is also an expert on advocacy (the art of
presenting cases in Court). If you want representation in any Court except the
Magistrates' Court, you must have a barrister. A barrister must be capable of
prosecuting in a criminal case one day and defending an accused person the next.
Barristers are rather remote figures. If you need one, you never see him without your
solicitor being with him. They are not paid directly by clients, but are employed by
solicitors. Barristers do not have public offices in any street. They all belong to
29
institutions called Inns of Court, which are ancient organizations rather like exclusive
clubs: Gray's Inn, Lincoln’s Inn, Inner Temple and Middle Temple.
The highest level of barristers have the title QC (Queen's Counsel). The status
is bestowed on about 30 counsellors a year by the Queen on the advice of the Lord
Chancellor. Before a junior counsel can hope to achieve the status he must have at
least 10 years of successful practice as a barrister. The QC appears only in the most
important cases.
Vocabulary notes:
Law Society – Общество юристов (профессиональный союз солиситоров)
Queen's Counsel – королевский адвокат (высшее адвокатское звание)
Inns of Court – "Судебные инны" (четыре корпорации барристеров в
Лондоне: пользуются исключительным правом приема в адвокатуру: в школах
при этих корпорациях готовят барристеров: существуют с XIX в.)
Gray's Inn – "Грейз Инн" (самый новый из "судебных иннов", назван по
имени первого владельца здания).
Lincoln's Inn – "Инн Линкольна" (готовит преимущественно барристеров
Канцлерского отделения высокого суда правосудия: назван по имени первого
владельца здания).
Inner Temple – "Внутренний темпл" (самый старый из судебных типов.)
Middle Temple – "Средний темпл"
Lord Chancellor – лорд-канцлер (глава судебного ведомства и верховный
судья Англии)
VOCABULARY FOCUS
2. Insert prepositions consulting the text:
a) Solicitors do much … the initial preparation for cases, which they then give
… barristers to argue … court.
b) They draw … wills, give advice … the field of business, make all the legal
arrangements … buying or selling land.
c) They also deal … litigation, which is settled … … court.
d) Barristers are different … solicitors.
e) A barrister must be capable … prosecuting in a criminal case.
f) They all belong … institutions called Inns of Court.
g) Before a junior counsel can hope to achieve the status he must have … least
10 years of successful practice … a barrister.
30
3. Match words with their synonyms:
1. to handle a. to hire
2. to increase b. the right to be heard
3. to assist c. to help
4. legal d. free
5. the right of audience e. to deal with
6. dismissal f. lawful
7. not paid g. to go up
8. to employ h. sack
4. Give antonyms using the affixes in the box and translate them:
dis, less, in, counter, mis, un
1. careful
2. different
3. prepared
4. advantage
5. useful
6. certain
7. appear
8. interpret
5. Use the appropriate form of the antonyms above in the following
sentences:
1. The judge reasonably rejected all the party’s arguments – obviously the
barrister had made a mistake and … the law.
2. The solicitor’s assistant was so … - he had lost my phone number and mixed
up the time of our meeting!
3. When the day of the trial came, the barrister discovered that some important
evidence in the case … . He just could not find it anywhere!
4. The lawyer spoke very vaguely, mumbled and stumbled during his speech
and appeared to be totally …
5. All the evidence presented in the courtroom appeared to be … – the judge
rejected everything.
6. Add nouns to the following adjectives to form noun phrases:
legal, criminal, civil, successful, public, ancient, junior.
31
7. Answer the questions:
1. What is almost unique about the English legal system?
2. What is the difference between a barrister and a solicitor?
3. What kind of problems does a solicitor deal with?
4. In what courts do solicitors have the right of audience?
5. How do you qualify as a solicitor?
6. What are barristers experts in?
7. When must you have a barrister?
PART 2. OTHER LEGAL PROFESSIONS IN BRITAIN
1. Read part 2 of the text describing legal professions in Britain, referring to
the notes after the text. Be ready to say:
How many legal professions are there in England in total?
What two categories of judges are there in Britain? How are they
chosen?
Judges
In Britain, the vast majority of judges are unpaid. They are called
"Magistrates", or "Justices of the Peace" (JPs). They are ordinary citizens who are
selected not because they have any legal training but because they have "sound
common sense" and understand their fellow citizens. Magistrates are selected by
special committees in every town and district from as wide a variety of professions
and social classes as possible.
A small proportion of judges are not Magistrates. They are called "High Court
Judges" and they deal with the most serious crimes. Judges are usually chosen from
the most senior barristers, and once appointed they cannot continue to practise as
barristers. High Court Judges, unlike Magistrates, are paid salaries by the State and
have considerable legal training.
Jury
A jury consists of twelve people (jurors), who are ordinary people chosen at
random from voter registration lists. The jury listens to the evidence given in court in
certain criminal cases and decides whether the defendant is guilty or innocent. If the
person is found guilty, the punishment is passed by the presiding judge.
Coroners
Coroners have medical or legal training (or both), and investigate violent or
unnatural deaths.
Clerks of the Court
Clerks look after administrative and legal matters in the courtroom.
32
Vocabulary notes:
JPs – мировые судьи
jury – коллегия присяжных
coroner – коронер
VOCABULARY AND GRAMMAR FOCUS
2. Insert prepositions consulting the text:
a) Magistrates are selected … special committees … every town.
b) Judges are usually chosen … the most senior barristers.
c) High Court Judges are paid salaries … the State.
d) A jury consists … twelve people.
e) The jury listens … the evidence given … court.
f) Clerks look … administrative and legal matters.
3. Transform the sentences from active into passive to make them sound
more natural:
a) The State doesn’t pay money to the vast majority of judges.
b) People call them Magistrates.
c) Committees of lawyers and barristers choose judges from the most senior
barristers.
d) They choose jurors at random from voter registration lists.
e) At the end of the trial the presiding judge usually passes a judgment.
COMPREHENSION
4. Choose the best way to complete the sentences:
1. England has two different kinds of lawyers:
a) solicitors and barristers
b) barristers and clerks
c) solicitors and judges
2. Solicitors work on court cases of clients …
a) in the court
b) outside the court
c) at home
3. … prepare a case for a barrister.
a) Clerks
b) Judges
c) Solicitors
4. In a … action solicitors have the right to speak in the lowest courts.
33
a) civil
b) criminal
c) civil and criminal
5. Barristers are experts in … the Law.
a) interpreting
b) examining
c) making
6. … is a governing body of solicitors.
a) the Bar
b) the Highest Court
c) Law Society
7. The highest level barristers have the title of …
a) Queen's Counsel
b) Queen's Advocate
c) Senior Barrister
8. The status on the barrister is bestowed by the Queen on the advice of …
a) the Lord Chancellor
b) Prime Minister
c) the Attorney General
9. The … is expected to appear only in the most important cases.
a) Lord Chancellor
b) Queen's Counsel
c) Prime Minister
10. Barristers belong to …
a) Law Society
b) the Inns of Court
c) the Bar
11. Magistrates don’t have …
a) legal training
b) common sense
c) both legal training and common sense
12. Magistrates don’t work …
a) in any other sphere but legal
b) for money
c) in a law court
13. Judges are usually … from the most senior barristers.
a) elected
b) chosen
c) appointed
14. High Court Judges don’t …
34
a) work for money
b) have any legal training
c) appear in lower courts
15. A jury consists of …
a) ordinary people
b) people from only specific professions
c) ex-judges
5. Choose the correct definition for each legal profession mentioned in the
text:
a) an officer acting as a judge in a low court;
b) a public official with authority to hear and decide cases in a law court;
c) a group of people who swear to give a true decision in a law court;
d) an official who investigates the cause of any violent or unnatural death;
e) a lawyer who has the right to speak and argue in higher law courts;
f) a lawyer who prepares legal documents and advises clients on legal matters.
PART 3. LEGAL PROFESSIONS IN THE USA
1. Read part 3 of the text describing legal professions in Britain, referring to
the notes after the text. Be ready to answer the question: What makes attorneys so
important in American communities?
COMPENSATION CULTURE AND LAWYERS IN THE USA
Issues of crime and justice have always held Americans’ attention. For
Americans it is normal to bring their claims for justice to the courts. In America it is
common to sue for compensation so we can say that Americans have a strong
“compensation culture”. There are few countries where people treat the law as part
of their everyday life.
Americans’ claims for justice are based on the provisions of the United States
Constitution. Most of the rights and freedoms that Americans enjoy are guaranteed in
the first ten amendments or “Bill of Rights” of the Constitution. Among the
guarantees are the freedom of religion, freedom of the press, and freedom to assemble
in public. Citizens have the right to be judged in a speedy and public trial. If someone
feels that these or other rights have been violated, he or she may bring the case to
court.
Local, state and federal courts handle about 12 million cases a year. Today, the
number of lawyers in the United States exceeds 675,000. This translates to one
lawyer for every 364 people. Twenty-five years ago, there was one lawyer for every
700 people. The rate at which the legal profession is growing will probably continue
to outpace the rate of population growth.
35
Why is a career in law so popular? The first reason is big salaries and fees.
Lawyers' salaries are still substantially greater than those of many other professionals.
Some firms offer additional bonuses for clerkship experience in the federal courts and
state supreme courts. The glamour of legal practice strengthens the attraction of its
financial rewards.
There are other reasons for the popularity of the legal profession and the great
demand for legal services. Materialism and individualism in American culture
encourage dispute. Federalism gives separate legal systems for each state plus the
national government. Advertising can now create demand for legal services, too.
Finally, the principles of separation of powers and of checks and balances make
governing difficult and sometimes impossible. When political institutions act, they
often are forced to compromise, deferring critical issues to the courts. Pluralist
democracy operates when groups can press their interests on, and even challenge the
government through lawsuits in courts for all manner of disputes and interests.
The President of the United States appoints federal judges to office with the
approval of the U.S. Senate. This appointment includes Supreme Court justices, court
of appeals judges and district judges. The Justice Department assesses candidates'
professional abilities, and the Senate Judiciary Committee initiates an independent
investigation of the nominees. All nominees must be qualified attorneys.
The Justice Department is responsible for faithful execution of the laws under
the president's authority. The main administrators of federal law enforcement are the
ninety-four US attorneys, appointed by the president with the advice and consent of
the Senate. Unlike federal judges, these appointees serve at the pleasure of the
president and are expected to relinquish their positions when the reins of government
change hands.
There is a US attorney in each federal judicial district. Their staffs of assistant
attorneys vary in size with the amount of litigation in the district. US attorneys have
considerable discretion, which makes them powerful political figures in any
community. Their decision to prosecute or not affects the wealth, freedom, rights, and
reputation of individuals and organizations in the district.
US attorneys are political appointees whose position commands media
attention and can serve political goals.
VOCABULARY FOCUS
2. Insert prepositions consulting the text:
a) In America it is common to sue … compensation.
b) Americans’ claims for justice are based … the provisions … the United
States Constitution.
36
c) If someone feels that his rights have been violated, he may bring the case …
court.
d) There are other reasons … the popularity of the legal profession.
e) Advertising can now create demand … legal services, too.
f) The Justice Department is responsible … faithful execution … the laws.
g) US attorneys are appointed … the president … the advice and consent … the
Senate.
h) These appointees serve … the pleasure … the president.
3. Match words with their synonyms:
1. to violate a. to break
2. to handle b. publicity
3. to outpace c. fast
4. to assemble d. to deal with
5. salaries e. to influence
6. to affect f. to overtake
7. goal g. to gather
8. speedy h. purpose
9. advertising i. wages
4. Give antonyms using the prefixes in the box and translate them:
dis, in, il, ir, mis, un
1. justice
2. common
3. treat
4. handle
5. continue
6. legal
7. responsible
5. Use the appropriate form of the antonyms above in the following
sentences:
1. Buying and selling drugs is … in most countries of the world.
2. The judge said a three month-term in prison was the only reasonable
punishment for the man’s … and reckless conduct.
3. Many Americans who are not satisfied with the court’s decision usually
appeal the case – so, this practice is not … in the US.
37
4. Most of the arrested persons filed complaints because they thought they had
been … by the police.
5. Despite a great number of laws, rules and regulations, ordinary people
regularly face social … in their lives.
COMPREHENSION
6. Answer the questions:
1. What shows that Americans have a strong “compensation culture”?
2. What do American citizens usually do when they feel that their rights have
been violated?
3. Why is the profession of a lawyer so popular in the US?
4. What is an attorney in the US? How is he appointed?
5. When does an attorney resign?
EXTRA READING
PART 4. COMPENSATION
1. Read the texts and complete them with the words below:
“cool”, several times, two packets, fully understand, fifties
Text 1
Bill, a man from California, was diagnosed with terminal lung cancer in his
(1). He had started smoking when he was 13, and had smoked (2) of the same brand
of cigarettes a day for most of his adult life. He said that he had tried to stop (3) but
couldn’t. He claimed that he had been ‘tricked into’ smoking by the tobacco industry,
which he said had made him think that cigarettes were (4) without making him (5) the
danger to his health. He sued the tobacco company in question, and was eventually
awarded a sum of money by the court.
Vocabulary notes:
“cool” – «круто»
lung cancer – рак лёгких
to trick into – обманом заманить
award –присудить
Text 2
110, back pain, a ticket collector, unfair dismissal, too small
John, a rail worker employed as (1) had to sit in a ticket booth checking
passengers' tickets as they left the platform. However, John, who weighed (2) kgs and
was 1.82 m tall, claimed that the ticket booth was (3) for him to work in comfortably.
38
When he went off sick suffering from severe (4) he was sacked. John said the rail
company had treated him unfairly because his working conditions were to blame for
his poor health, and he sued his employers for (5). John eventually won his case and
was awarded a sum of money in compensation.
Vocabulary notes:
a ticket collector – билетный контролёр
unfair dismissal – незаконное увольнение
unfairly – несправедливо
to blame – винить
Text 3
a dancer, his fortune, 18 months, nothing, $2 billion
Diana, a 26-year-old woman, was working as (1) when she met an elderly
Texas oil tycoon. The man showered the young dancer with gifts and money, and
three years later the couple got married. They were married for only (2) before he
died, aged 89, leaving an estate worth (3). Diana did not have a prenuptial agreement
with her late husband and there was no mention of her in his will. However, she
claimed that he had always said he would take care of her, and had promised to leave
her (4). This claim was contested by the man's son, who said he was the sole
beneficiary of his father's will. He said that Diana had 'exploited' his late father and
should receive (5).
Vocabulary notes:
fortune (=estate) – состояние, богатство
elderly – престарелый
oil tycoon – нефтяной магнат
to shower – «осыпать» (подарками, деньгами и т.д.)
prenuptial agreement – брачный договор
late – покойный
will – завещание
to contest – оспаривать
sole beneficiary – единственный бенефициар (наследник)
2. For each case decide how much each person should get. You can choose
any amount between $100 and $3 billion. Give reasons for your answers.
3. After presenting your ideas in exercise 1, find out how much money the
people really got. Do you agree with the court decision?
1. Bill was awarded a total of $3 billion dollars by the Californian court - the
largest sum ever awarded in a case of this kind. Members of the jury explained that
they wanted to 'hurt' the tobacco industry.
39
2. John received just $2,250 – about a month's salary – as a compensation for
losing his job.
3. Diana was initially awarded $450 million – the amount by which the value
of her late husband's companies had increased during their marriage. However, this
was later reduced to $88 million when her husband's son appealed against the
decision.
40
REFERENCES
1. Учебник английского языка для студентов-юристов. Учебное пособие
для студентов юридического факультета: В 2 ч. Ч.1/ Васючкова О.И. [и др.].
Минск: Белгосуниверситет. 1999. 169 с.
2. Just English. Английский для юристов. Базовый курс / Гуманова Ю.Л.
[и др.]. М.: ИКД “Зерцало-М”, 2002. 256 с.
3. Рачёва С.С., Чумакова А.В. Английский язык для студентов
юридических специальностей заочной формы обучения. Учебное пособие.
Тюмень: Издательство Тюменского государственного университета, 2008. 104 с.
4. Ступникова Л.В. Английский для юристов (learning legal English).
Учебник и практикум: учебник для бакалавров. М.: Издательство Юрайт, 2014.
529 с.
5. Cotton D., Falvey D., Kent S. Language Leader Intermediate. Coursebook.
Pearson Education Limited, 2008. 184 p.
6. Oxended C., Latham-Koenig C. New English File Upper-Intermediate.
Student’s book. Oxford University Press, 2008. 162 p.
41
СБОРНИК ТЕКСТОВ ДЛЯ ЧТЕНИЯ И ЗАДАНИЙ
ПО ЮРИДИЧЕСКОМУ АНГЛИЙСКОМУ ЯЗЫКУ
Практикум
Составители:
Сергей Борисович Жулидов
Сергей Сайярович Иванов
Федеральное государственное автономное образовательное учреждение
высшего образования «Нижегородский государственный университет им. Н.И.
Лобачевского».
603950, Нижний Новгород, пр. Гагарина, 23.
Подписано в печать . Формат 60 х 84 1/16.
Бумага офсетная. Печать офсетная. Гарнитура Таймс.
Усл. печ. л. 2,5. Заказ № . Тираж экз.
